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Positive Law
Positive laws () are human-made laws that oblige or specify an action. Positive law also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verb ''to posit''. The concept of positive law is distinct from natural law, which comprises inherent rights, conferred not by act of legislation but by "God, nature, or reason". Positive law is also described as the law that applies at a certain time (present or past) and at a certain place, consisting of statutory law, and case law as far as it is binding. More specifically, positive law may be characterized as "law actually and specifically enacted or adopted by proper authority for the government of an organized jural society." ''Lex humana'' versus ''lex posita'' Thomas Aquinas conflated man-made law () and positive law ( or ). However, there is a subtle distinction between them. Whereas human-made law regards law from the position of its origins (i.e. who it was th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Law
Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts that certain rights and moral values are inherent in human nature and can be understood universally, independent of enacted laws or societal norms. In jurisprudence, natural law—sometimes referred to as iusnaturalism or jusnaturalism, but not to be confused with what is called simply ''naturalism'' in legal philosophy—holds that there are objective legal standards based on morality that underlie and inform the creation, interpretation, and application of human-made laws. This contrasts with ''positive law'' (as in legal positivism), which emphasizes that laws are rules created by human authorities and are not necessarily connected to moral principles. Natural law can refer to "theories of ethics, theories of politics, theories of civil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Classical Liberal
Classical liberalism is a political tradition and a branch of liberalism that advocates free market and laissez-faire economics and civil liberties under the rule of law, with special emphasis on individual autonomy, limited government, economic freedom, political freedom and freedom of speech. Classical liberalism, contrary to progressive branches like social liberalism, looks more negatively on social policies, taxation and the state involvement in the lives of individuals, and it advocates deregulation. Until the Great Depression and the rise of social liberalism, classical liberalism was called economic liberalism. Later, the term was applied as a retronym, to distinguish earlier 19th-century liberalism from social liberalism. By modern standards, in the United States, the bare term ''liberalism'' often means social or progressive liberalism, but in Europe and Australia, the bare term ''liberalism'' often means classical liberalism. Classical liberalism gained full flow ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philosophy Of Law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legislative Legal Terminology
A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial powers of government. Legislatures can exist at different levels of government–national, state/provincial/regional, local, even supranational (such as the European Parliament). Countries differ as to what extent they grant deliberative assemblies at the subnational law-making power, as opposed to purely administrative responsibilities. Laws enacted by legislatures are usually known as primary legislation. In addition, legislatures may observe and steer governing actions, with authority to amend the budget involved. The members of a legislature are called legislators. In a democracy, legislators are most commonly popularly elected, although indirect election and appointment by the executive are also used, particularly for bicameral legislatures ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theories Of Law
A theory is a systematic and rational form of abstract thinking about a phenomenon, or the conclusions derived from such thinking. It involves contemplative and logical reasoning, often supported by processes such as observation, experimentation, and research. Theories can be scientific, falling within the realm of empirical and testable knowledge, or they may belong to non-scientific disciplines, such as philosophy, art, or sociology. In some cases, theories may exist independently of any formal discipline. In modern science, the term "theory" refers to scientific theories, a well-confirmed type of explanation of nature, made in a way consistent with the scientific method, and fulfilling the criteria required by modern science. Such theories are described in such a way that scientific tests should be able to provide empirical support for it, or empirical contradiction (" falsify") of it. Scientific theories are the most reliable, rigorous, and comprehensive form of scientific k ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
François Gény
François Gény (1861–1959) was a French jurist and professor of law at the University of Nancy, who introduced the notion of "free scientific research" to the interpretation of positive law. His advocacy of judicial discretion in the interpretation of statutory law had an important influence across Europe. Gény also emphasized that judges should take into account social and economic factors when deciding cases. Biography François Gény was the fourth child of a numerous family of 12 children. His father, Alfred Gény, was a forest warden in Baccarat (North-East of France). His mother, Marie-Eugénie Huin, was the daughter of a scrivener. Two of his brothers became priests, and another one became a teacher in the University of Rome, Roma. François Gény studied law in Nancy, France, Nancy (North-East of France) from 1878 to 1887. He got his diploma and became college professor, he taught Roman law in Algiers (1888–1889). He also taught Civil law (area), civil law and in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Person In French Law
In French law, a (lit. physical person, English: natural person) is a human being who has capacity as a legal person ('). A is recognized as a subject in law, rather than an object of law such as a thing. A human being with (personhood) is accordingly the holder of legal rights and towards other persons and towards society as a whole. A physical person may be compared to a , in which a group of people in some circumstances is granted a more or less complete judicial capacity (). Nonetheless, the concept of a is constructed on the basis of that of a , and follows similar rules. The concept of a ''personne physique'' is a purely legal abstraction, a judicial fiction. Many authors note that the concept of a human being must be distinguished from that of a physical person. While the two frequently overlap, they are separate. It is judicially possible for a person to be declared legally dead, either voluntarily (civil death) or involuntarily, when a person is declared abs ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Law
Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts that certain rights and moral values are inherent in human nature and can be understood universally, independent of enacted laws or societal norms. In jurisprudence, natural law—sometimes referred to as iusnaturalism or jusnaturalism, but not to be confused with what is called simply ''naturalism'' in legal philosophy—holds that there are objective legal standards based on morality that underlie and inform the creation, interpretation, and application of human-made laws. This contrasts with ''positive law'' (as in legal positivism), which emphasizes that laws are rules created by human authorities and are not necessarily connected to moral principles. Natural law can refer to "theories of ethics, theories of politics, theories of civil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Man-made Law
Artificiality (the state of being artificial, anthropogenic, or man-made) is the state of being the product of intentional human manufacture, rather than occurring naturally through processes not involving or requiring human activity. Connotations Artificiality often carries with it the implication of being false, counterfeit, or deceptive. The philosopher Aristotle wrote in his '' Rhetoric'': However, artificiality does not necessarily have a negative connotation, as it may also reflect the ability of humans to replicate forms or functions arising in nature, as with an artificial heart or artificial intelligence. Political scientist and artificial intelligence expert Herbert A. Simon observes that "some artificial things are imitations of things in nature, and the imitation may use either the same basic materials as those in the natural object or quite different materials. Herbert A. Simon, ''The Sciences of the Artificial'' (1996), p. 4. Simon distinguishes between the ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Naturalism
Legal naturalism is a term coined by Olufemi Taiwo to describe a current in the social philosophy of Karl Marx which can be interpreted as one of natural law. Taiwo considered it the manifestation of Natural Law in a dialectical materialist context. The concept recognizes the existence of legal priorities or principles, which form an intrinsic part of an economic system. Taiwo distinguished legal naturalism from Marxism by faulting the latter's bifurcation of the canon between the economic "substructure" of a society and the humanitarian, moral, cultural "superstructure". However, he acknowledged that legal naturalism is, ultimately, "a novel synthesis of the Marxist theory with the natural law theory". According to Taiwo, legal naturalism is both natural law and positive law, constituting a duality of legal existence. The theory is distinctive from other theories under naturalism in the sense that it views natural law as part of social formation or mode of production. A related ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hans Kelsen
Hans Kelsen (; ; October 11, 1881 – April 19, 1973) was an Austrian and later American jurist, legal philosopher and political philosopher. He is known principally for his theory of law, which he named the " pure theory of law (''Reine Rechtslehre'')", and for his writings on international law and theory of democracy. The "pure theory" provides general foundations for value-independent description of law. As an expert on constitutional law, Kelsen was the principal architect of the 1920 Austrian Constitution, which with amendments is still in operation. The rise of totalitarianism forced him out of Austria, then to Germany and to Switzerland and in 1940 to the United States. Although in 1934 Roscoe Pound lauded Kelsen as "unquestionably the leading jurist of the time", the pure theory was rarely understood in the United States and Kelsen was never given a permanent position in a law school. He was employed in the department of politics at the University of California, Berke ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jean-Jacques Rousseau
Jean-Jacques Rousseau (, ; ; 28 June 1712 – 2 July 1778) was a Republic of Geneva, Genevan philosopher (''philosophes, philosophe''), writer, and composer. His political philosophy influenced the progress of the Age of Enlightenment throughout Europe, as well as aspects of the French Revolution and the development of modern political, economic, and educational thought. His ''Discourse on Inequality'', which argues that private property is the source of inequality, and ''The Social Contract'', which outlines the basis for a legitimate political order, are cornerstones in modern political and social thought. Rousseau's sentimental novel ''Julie, or the New Heloise'' (1761) was important to the development of preromanticism and romanticism in fiction. His ''Emile, or On Education'' (1762) is an educational treatise on the place of the individual in society. Rousseau's autobiographical writings—the posthumously published ''Confessions (Rousseau), Confessions'' (completed in 17 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
